By Elsie Oyoo
Women in the top echelons of the legal profession, like the rest of the corporate world, are rare and far between. A study done by Chamber Student in 2014 showed that though women enlist in law school by the droves, they only form 24% of partners in the so-called magic circle law firms in England. Similarly, an article from the American Bar Association reported that in the USA, 79% of lead council in trial cases is men.
In our very own Kenya, a cursory look at the top law firms reveals a 1:2 ratio of women to men partners. Even where the number of women matches that of men, equity partnership, which is what counts, remains the reserve of the men. Exceptionally, Muthaura, Mugambi, Ayugi and Njonjo Advocates have defied these statistics. Of the four partners, three are women. You go girls!
A recent interview with Paula Hodges, an English solicitor, showed that this disparity does not necessarily have to hold. In 2014, she added an appointment as Queen’s Counsel (QC) to her long list of professional accomplishments. This is the English equivalent to Senior Counsel in Kenya. Though the specific qualifications differ for both titles, only those who boast an excellent track record in advocacy and have the experience to prove it can be appointed. Paula recommends to any woman out there wishing to become Senior Counsel, to gear up for this early on in her career so that when the time comes to apply, it forms part of a natural step in her professional progression.
Paula, who graduated from the University of Cambridge in 1986 started off her career at Herbert Smith Freehills (HFS), a leading Global Law Firm. She rose through the ranks to head the global arbitration practice, advising multinationals and Governments mainly in energy-related arbitration. When asked how she accomplished all this, she brushed it off, laughing at how little she had premeditated her present success. Yet, unmasking this unassuming demeanour, the industry reviews bear witness to the fact that Paula did not merely stumble upon a successful legal career. Chambers UK 2009 said of her, “Outstanding in her field, Paula Hodges wears her immense intelligence with a lack of pretence – she always makes complicated processes seem remarkably simple.” Referring to her prowess in arbitration chambers, the same reviewer in 2012 declared that “the absolutely superb” Paula Hodges is a robust advocate who “does not suffer fools gladly”.
The Global Arbitration Awards also recognised her stellar career by short listing her for the Advocate of the Year Award in 2011. To add, the QC has an impressive number of prestigious professional memberships under her belt. She forms part of the London Court of International Arbitration (LCIA) Board and Court, the International Chamber of Commerce (ICC) London, the British Institute of International Comparative Law (BIICL), the International Dispute Resolution Centre (IDRC), the Association Suisse de l’Arbitrage (ASA), the International Bar Association (IBA), and the International Law Association (ILA).
Paula places high value on focus. Giving tips to women lawyers, she reiterates the importance of knowing where they want to go from the outset. However, partnership in her view is not all about the money. In choosing an area of specialisation, passion comes before all else. After passion, comes flexibility. She, for instance, started off as a litigator but as the world globalised and her clients moved to new economies, they turned more and more to arbitration to resolve their disputes. She basically responded to that need.
Women looking to partnership should also consider a less-known aspect of it; the business component. Being partner requires the right balance of knowledge of the law to do the work and business flair to win clients and keep afloat. Further, advocates need to build relationships with their clients to maintain them.
In her international arbitration practice, she observed that she did not come across too many Kenyans, let alone Kenyan women. This, she said, needs to change. Paula advised being more assertive in international fora: going out there and getting yourself noticed. Like this, Kenyan Women could have more international work coming their way. In view of the budding oil and gas industry that will probably give rise to international arbitration involving Kenya, Paula thinks that cooperation between local Kenyan arbitrators and international ones is crucial. As prospecting companies are multinationals with long-standing global legal advisers, they would opt to stick with these if an international arbitration arose. However, they cannot dispense with the unparalleled knowledge in Kenyan law and practice that local counsels possess.
The QC confides that she would like to sit on arbitration panels when she retires from practice. Though she does argue a mean case, she notes that advocates tend to be bent on fighting it out to the bitter end; yet there is more to arbitration than that. She thinks it would be interesting to see disputes from the perspective of both parties as an arbitrator does.
Paula Hodges and other women like her, show what contribution women can make to the legal profession. Not just in conveyance and in-house, their typical preference, but in the coarser litigation and arbitration. Notably, more women can take the leap of faith in starting up their own law firms. To do this, they must overcome risk-aversion and move away from secure but less rewarding employment. Further, they should insist on taking the credit for the work they do. The fairer sex generally shies away from drawing attention to its achievements. This results in others attributing the work to themselves.
Moreover, Kenyan law firms need to come to terms with and embrace femininity. They must recognise the fundamental equality between men and women; and that equality does not mean identity. Women can perform just as well as men or even better, but not on identical terms. The market should stop penalising motherhood. It is not a disease. It just implies that most women’s careers will grow at a slower rate than that of their male counterparts when they are young mothers. However, given women’s resilience and longer life expectancy, they could probably sustain peak performance until much later on in life.
A Law360 article by Andrew Strickler indicates that top US firms, when tackling this issue, have decided to give priority to retaining the best talent over having workers at their desks all year round. Many of these firms are increasing paid maternity leave from 12 weeks to 16 or 18 weeks. They are also incorporating flex-time for working mothers. This may not be immediately replicable in Kenyan labour dynamics but Kenyan law firms could at least designate a room for lactating mothers to express their milk.
Women bring a special value wherever they are. Their absence leaves the field impoverished. Think about it, only in a woman would you get a combination of qualities that make clients exclaim, as captured by Chambers 2010, that she is “a charming lady who, when needed, has no qualms about destroying her opponent to show them that they have no case and should run away.” Chambers and Partners researches the world’s best lawyers and has been ranking the best law firms and lawyers since 1990 and now covers 185 jurisdictions.
